3. Carpark charge before 5pm
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Carpark charge before 5pm
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Follow up from my previous post. Apologies to those who I accidentally clocked the report button on.

The carpark at work is often full and there is another one right next to it which clearly states parking charges apply from 5pm on weekdays.

On a previous occasion I was parked till 530pm and got fine; fair enough. However on 3 occasions now I've been fined for parking from 9am till max 2pm. Even at this time if you try to make a payment it doesn't let you. Parking eye does not have a contact number which can be used to contact a human being.

Could someone look at the sign and give me their opinion?

One I have appealed and been rejected. One I need to pay/appeal by tomorrow and 3rd in a few days

The ticket dated 3/5/24 and issued on 7/3/24 has been appealed and rejected. A new one has been issued for this on 21/5/24.

The other two are currently as they stand but I will be appealing the one dated 7/5/24 and issued 10/5/24 tonight as tomorrow will be day 14 and don't want to go over. Or at least give me more time. I will then appal the third one (3 in total) closer to the day 14 mark.

There are 3 tickets in total. The first one has been appealed and has 2 letters - one before the appeal and one after.

The second fine has 2 letters. The initial one and a second one sent on 19th which I'm assuming is a reminder letter and has the case law on the back.

The initial letter for the first fine, the initial letter for the second fine and the letter for the third fine all have protection of freedom act written on the back.

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Re: Carpark charge before 5pm
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Previously attached.images

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Re: Carpark charge before 5pm
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This was the latest reply I was advised to send as the appeal:

Dear Sirs,

I am appealing this parking charge notice (PCN #: _____) as the registered keeper of VRM: ____ ___. I am appealing on the grounds that the driver did not breach any of the terms of parking as advertised by the signage on the site.

Your parking charge notice alleges that the driver incurred a charge by "either not purchasing the appropriate parking time or by remaining at the car park longer than permitted". The signage at the site (a copy of which is attached) states that tariffs only apply between 5pm-8am Monday-Friday, and all day Saturday and Sunday. As the car was not parked during these times, no tariff was due. Additionally, the signage does not specify a maximum stay outside of the periods when parking tariffs apply.

Accordingly, the alleged breach did not occur, and the parking charge is not due. You should therefore cancel this charge, or issue a POPLA code.
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Re: Carpark charge before 5pm
« Reply #4 on: »
They seem to have fouled the signs up. It should probably include "at other times permit holders only".

I think it would be a harsh judge who assumed you should have inferred that.

As written it seems to allow a free permit for the various classes of users mentioned, whilst a little it's not entirely uncommon.They could be evening businesses wanting to give their customers free parking.

Contract terms should be interpreted to the favour of the consumer where unclear, as these are.
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Re: Carpark charge before 5pm
« Reply #5 on: »
I have received another letter reminding me if the 3rd fine ::)

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Re: Carpark charge before 5pm
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Quote
I think it would be a harsh judge who assumed you should have inferred that.
Indeed. As you rightly note, the rule of contra proferentem would seem to apply. As per Section 69 of the Consumer Rights Act 2015:

"If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail"
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Re: Carpark charge before 5pm
« Reply #7 on: »
Do you think reply 3 is what I should send as the appeal?
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Re: Carpark charge before 5pm
« Reply #8 on: »
Personally, yes. Although I would say that, I wrote it  ;) see if others hold contrary views.

I think getting the issue of the signage front and centre in the first appeal is sensible, attaching a photo of it when sending if possible. The appeal is done as the keeper, with no indication of who was driving (as this may be of benefit further down the line at POPLA).
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Re: Carpark charge before 5pm
« Reply #9 on: »
I think the tone of general bemusement is appropriate.

Other elements can be added later.

Hopefully they will cancel but be prepared to have to go further.
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Re: Carpark charge before 5pm
« Reply #10 on: »
Just tried to appeal and it asks if you're the driver or keeper/driver 🥲
I should say keeper and input wife's name?

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Re: Carpark charge before 5pm
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Where's the car park sign to which you refer?
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Re: Carpark charge before 5pm
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Quote from: Swahmad on May 24, 2024, 10:08:07 pm
Just tried to appeal and it asks if you're the driver or keeper/driver 🥲
I should say keeper and input wife's name?

Eh? In whose name is the NtK? Yours or your wife's? Whatever name is on the NtK is the person appealing. The NtK will have been sent to the person named on the V5C as the keeper. It is the keeper appealing. DO NOT select anything except registered "keeper" or "other".
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Carpark charge before 5pm
« Reply #14 on: »
Yes, that's what I did. Thanks!
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